16-3-321. Keg identification tag. (1) A licensee may not sell a keg of beer unless an identification tag is attached to the keg by the licensee.
(2) An identification tag must consist of paper, plastic, metal, or durable material that is not easily damaged or destroyed. An identification tag may be attached to a keg at the time of sale with a nylon tie or cording, wire tie or other metal attachment device, or other durable means of tying or attaching the tag to the keg.
(3) The identification information contained on the tag must include:
(a) the licensee's name, address, and telephone number; and
(b) a prominently visible warning that intentional removal or defacement of the tag is a criminal offense.
(4) A retailer that accepts the return of a keg that does not have an identification tag attached shall obtain the information required in 16-3-322 on the original purchaser, to the extent possible, and obtain the same information on the person returning the keg. This information must be kept on file with the retailer for not less than 45 days from the date of return.
(5) A person, other than the licensee, the wholesaler of malt beverages, or a law enforcement officer, may not intentionally remove identification placed on a keg in compliance with this section.
(6) For the purposes of 16-3-321 through 16-3-324, the following definitions apply:
(a) "Keg" means a brewery-sealed, single container that contains not less than 7 gallons of beer.
(b) "Licensee" means a person who is licensed under Title 16, chapter 4, and who sells kegs to a consumer.
(7) The department shall develop and make available the identification tags required by this section.
History: En. Sec. 1, Ch. 441, L. 2005.
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